Rule 3.894.Attendance, participant lists, and mediation statements

Division 8. Alternative Dispute Resolution · Chapter 4. Civil Action Mediation Program Rules · Last amended 2009 · Last verified July 29, 2026

In one sentenceRule 3.894 requires parties, attorneys, and any insurer with settlement authority to attend mediation sessions in person unless the mediator excuses them or allows telephone attendance, and requires parties to exchange participant lists and permits the mediator to request short mediation statements.

Full Text of Rule 3.894

Text sizeJump to: (a) (b)

(a) Attendance

(1) All parties and attorneys of record must attend all mediation sessions in person unless excused or permitted to attend by telephone as provided in (3). If a party is not a natural person, a representative of that party with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or a legislative body, a representative with authority to recommend such agreement, must attend all mediation sessions in person, unless excused or permitted to attend by telephone as provided in (3).

(2) If any party is insured under a policy of insurance that provides or may provide coverage for a claim that is a subject of the action, a representative of the insurer with authority to settle or recommend settlement of the claim must attend all mediation sessions in person, unless excused or permitted to attend by telephone as provided in (3).

(3) The mediator may excuse a party, attorney, or representative from the requirement to attend a mediation session under (1) or (2) or permit attendance by telephone. The party, attorney, or representative who is excused or permitted to attend by telephone must promptly send a letter or an electronic communication to the mediator and to all parties confirming the excuse or permission.

(4) Each party may have counsel present at all mediation sessions that concern the party. (Subd (a) amended effective January 1, 2007; adopted as untitled subd effective March 1, 1994.)

(b) Participant lists and mediation statements

(1) At least five court days before the first mediation session, each party must serve a list of its mediation participants on the mediator and all other parties. The list must include the names of all parties, attorneys, representatives of a party that is not a natural person, insurance representatives, and other persons who will attend the mediation with or on behalf of that party. A party must promptly serve a supplemental list if the party subsequently determines that other persons will attend the mediation with or on behalf of the party.

(2) The mediator may request that each party submit a short mediation statement providing information about the issues in dispute and possible resolutions of those issues and other information or documents that may appear helpful to resolve the dispute. (Subd (b) adopted effective January 1, 2007.)

End

Plain-English Summary

Rule 3.894 spells out who has to show up to mediation and how the session gets organized. Parties and their attorneys attend in person. If a party is not a person — a corporation, say, or a government entity — someone with real authority to settle, or for a government body, to recommend a deal to the officials who can approve it, has to attend in that party’s place. The same in-person rule reaches any insurer that might cover the claim: someone from the insurance side with authority to settle or recommend settlement has to be there too.

None of that is absolute. The mediator can excuse anyone from attending, or let them join by phone instead, and whoever is excused has to confirm that arrangement in writing to the mediator and every other party. Each party can also bring counsel to any session that concerns that party.

Before the first session, the rule adds two more pieces. Every party has to serve, at least five court days ahead, a list naming everyone who will show up on its behalf, updating that list if the roster changes. And the mediator can ask each party for a short written statement laying out the issues and possible ways to resolve them.

Frequently Asked Questions

Do parties have to attend mediation sessions in person?

Yes, under rule 3.894, unless the mediator excuses the party or permits attendance by telephone.

Who has to attend on behalf of an insurance company?

A representative with authority to settle or recommend settlement of the claim, unless the mediator excuses that requirement or allows telephone attendance.

What is a participant list and when is it due?

A list of everyone who will attend the mediation on a party’s behalf, served on the mediator and other parties at least five court days before the first session.

Is a mediation statement required?

Not automatically. The mediator may request a short statement describing the issues and possible resolutions, but rule 3.894 does not require one in every case.

Amendment History

Rule 3.894 renumbered effective July 1, 2009; adopted as rule 1634 effective March 1, 1994; previously amended and renumbered as rule 3.874 effective January 1, 2007; previously amended effective January 1, 2007.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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